18 U.S.C. § 798 – Disclosure of Classified Information
A narrowly targeted espionage statute focused on communications intelligence.
What § 798 criminalizes.
Section 798 makes it a federal felony to knowingly and willfully disclose, publish, or misuse classified communications intelligence information when the recipient is not authorized to receive it.
Unlike broader Espionage Act provisions, § 798 is tightly focused on cryptographic systems, codes, and communications intelligence, not general national defense information.
Information covered under the statute.
The law applies to classified material involving:
- Codes, ciphers, or cryptographic systems
- Devices or methods used for cryptographic or communications intelligence purposes
- U.S. or foreign communications intelligence activities
- Information obtained through communications intelligence interception
Who counts as an unauthorized recipient.
An “unauthorized person” is anyone not expressly approved by the President or a designated federal agency to receive communications intelligence information.
Intent and scope.
The statute applies when disclosure is made:
- To an unauthorized individual
- In a manner prejudicial to U.S. national security
- For the benefit of a foreign government
Actual harm does not need to be proven. The focus is on knowing, willful disclosure of protected information.
Penalties.
A violation of § 798 is punishable by:
- Up to 10 years in federal prison
- Federal fines
- Mandatory criminal forfeiture of proceeds and facilitating property
Congressional exception.
The statute does not prohibit furnishing classified information to duly constituted congressional committees when provided pursuant to lawful demand.
Allegations under § 798 often arise in classified-leak and national security investigations, where the definition of “authorization” is heavily contested. If this statute is implicated, call (314) 900-HELP or contact our federal criminal defense attorneys to assess exposure and defense options.
